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(영문) 대전고등법원 2015.03.27 2014노543

공직선거법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Judgment on the grounds for appeal by the defendant

A. 1) Whether a political party expressed its intent to provide money or goods or provided money or goods in relation to the recommendation of a specific person as a candidate (as to the crime of paragraphs (1) and (2) of the original judgment) or "related to the recommendation of a candidate" under Article 47-2 (1) of the Public Official Election Act means that the provision of money or goods or financial benefits constitutes a price or case for recommendation of a candidate, or this does not apply.

in the recommendation of a candidate, the provision of political funds in any form means that may affect any form.

(B) The lower court determined that the offering of money and valuables by the Defendant constitutes a case where the offering of money and valuables may affect the candidate recommendation in any form, taking into account the following circumstances acknowledged by the evidence as indicated in the judgment: (i) the other party who delivered the money and its location and time, relationship with the Defendant, and the amount of money given; (ii) the offering of money and valuables by the Defendant constitutes a case where the offering of money and valuables could affect the candidate’s recommendation; (iii) the former member was continuing political activities centered on E/U region; (iv) on March 7, 2014, the resignation of the chairman of the F Party Labor Relations Council was made on behalf of the Do governor, but was not elected as the Do governor candidate; and (iv) the said member council was re-established on July 1, 2014, which was dissolved as the resignation of the chairman; and (iii) the same applies to the case where the Do Governor’s right to express opinions by assisting the Do governor for about 15 years as the secretary general of the Political Party.